RMT challenges the UK anti-trade union laws in European Court of Human Rights

TRANSPORT UNION RMT announced today that it is launching an unprecedented challenge to the UK's anti-trade union laws in the European Court of Human Rights.

Papers on behalf of RMT will be lodged with the European Court today by the union and its solicitors. RMT will argue on behalf of its members that its ability to organise industrial action to protect its members is restricted by UK law in a breach of Article 11 of the European Convention on Human Rights and Fundamental Freedoms. The union will be represented in the Court by RMT's standing counsel John Hendy QC and Marcus Pilgerstorfer, instructed by Thompsons Solicitors.

The cases that RMT are challenging at European level are the EDF Energy court challenge and Hydrex dispute. These involved two groups of RMT members who balloted for industrial action last autumn – details of the cases in the editors notes below.

The RMT is putting forward arguments about two restrictions imposed by UK legislation in respect of the EDF and Hydrex cases which it says are incompatible with Article 11 of the Euopean Convention on Human Rights and Fundamental Freedoms. They are as follows:

1. the statutory requirement for the union to serve on an employer a notice which must fulfill onerous conditions such as providing the identification of the specific job descriptions of the intended voters; and

2. the absolute prohibition on unions organising solidarity industrial action (even where the secondary employer is closely associated with the primary employer in dispute).

RMT General Secretary Bob Crow said:

"The shackles that the anti-trade union laws have thrown around workers in this country seeking to take industrial action in defence of jobs and working conditions have got tighter and tighter in the past year and the EDF and Hydrex cases last autumn were pivotal with ramifications for the entire trade union movement.

"RMT is in no doubt that the fundamental human right to withdraw labour has been systematically undermined. This is clearly shown by the EDF and Hydrex cases and we have no option but to take these matters to the European Court in a bid to protect the rights of our members and of working people in Britain."

NOTE TO EDITORS:

1. On 23 October 2009 EDF Energy Powerlink Limited was granted an injunction by the High Court against the RMT restraining members from taking industrial action. The grounds for this decision was that the notice of ballot had not sufficiently particularised the job descriptions of the members who were to be balloted. The consequence of this decision was that the union were denied the right to take strike action.

2. In August 2007 approximately 20 RMT members were transferred from Jarvis PLC to a company called Hydrex Equipment (UK) Limited. In September 2009 Hydrex sought to impose new terms and conditions on these members which were less favourable than those they had enjoyed when they worked for Jarvis PLC. The members organised industrial action, and the union wanted to call out its members at Jarvis PLC who had continued to work closely with the Hydrex members following the transfer. However UK law absolutely prohibits a trade union calling industrial action by members other than those employed by the employer directly in dispute. As a result the members at Jarvis PLC were denied the right to take strike action in solidarity, the members at Hydrex were denied the support of their colleagues and the union was denied the chance to take what would have been the most effective strike action for the purposes of protecting its members' interests.

RMT demands concrete assurances on Crossrail, High Speed and electrification.

TRANSPORT UNION RMT today demanded concrete assurances from the government that crucial transport infra-structure projects will not fall victim to the cuts programme amid warnings today that key pledges, like High Speed Rail, could be kicked into the long grass.

In the ConDem coalitions programme document they talk about a commitment to a national high speed rail network but with the heavy duty caveat of "financial constraints" thrown into the mix as a drag weight on progress of the scheme which already lags behind much of Europe.

The coalition have stated that they support "Crossrail and further electrification of the rail network" but again this is overshadowed by an overriding caveat that "the deficit reduction programme [public service cuts] takes precedence over any…other measures in this agreement."

RMT have slammed plans to extend the on-going disaster of rail privatisation by offering private companies longer contracts, describing it as "…a reward for failure and for ripping off the taxpayer to the tune of hundreds of millions of pounds for an inferior service."

RMT General Secretary Bob Crow said:

"We've had enough of warm words from politicians about High Speed Rail. This essential low-carbon transport project has had more relaunches than the Space Shuttle and yet we are still left in the slow lane compared to most of the rest of Europe where it's a genuine priority. We are demanding a fixed timetable for works to be completed for the national network and concrete assurances that it won't be seen as an easy sacrifice by the Treasury cuts machine.

"On Crossrail and electrification there is still not enough clarity and all the promises are loaded up with caveats that create a continuing air of uncertainty. The government need to be clear that these projects will happen in their totality – no ifs, no buts and no cutting back on the scale of the plans. They also need to make sure they've got the workforce to make them happen and that means an end to the jobs cull at Network Rail and its contractors."

Operate LOROL in the Public Sector

Dear Colleague,

URGENT PROTEST: Operate LOROL in the Public Sector

Monday 24^th May, Whitechapel Station, London

07.30 - 08.30 

On Sunday 23rd May the extended East London Line will formally re-open, as part of private company, LOROL (London Overground). The RMT has tirelessly campaigned for the upgrade of this line, but we are extremely concerned that LOROL's first priority is to shareholders and not to passengers or communities, repeating the mistake of the national rail network. £1bn has been spent on this upgrade and every single penny of taxpayer subsidy and fare revenue should be invested to improve services and not be removed from the industry in shareholder dividends.

We have called a protest on the first full working day for the Line next Monday (24^th May) outside Whitechapel Station between 07.30 and 08.30 to demand that LOROL services be transferred to London Underground, which is publicly-owned and publicly-accountable. An Early Day Motion will be tabled on that day by the RMT's Parliamentary Group of MPs.

Please make every effort to attend and help distribute leaflets to the passengers.

Please do get involved 

Yours sincerely,

Bob Crow

General Secretary

RMT confirms ballot for action on East Coast Mainline

RAIL UNION RMT confirmed today that it will begin balloting guards on the East Coast Mainline for strike action, and action short of a strike, from Tuesday 25th May following the failure of the company to come up with an acceptable package to compensate guards for the loss of commission income arising from the introduction of automated ticket barriers.

The automation means that the commission from the collection of on-board fares has dropped right off leaving guards seriously out of pocket and driving down their income levels .

RMT General Secretary Bob Crow said:

"Our members have made it clear that the loss of earnings arising from automation on East Coast is totally unacceptable and that they are not prepared to see the position of the guard undermined to the point where these key staff are reduced to become amongst the lowest paid guards in the country.

"The management on the East Coast Mainline needs to show very clearly that they appreciate the role and responsibility of their guards with an offer that fully recognises the loss of income incurred through the installation of ticket barriers.

"RMT continues to remain available for further talks aimed at resolving this dispute on this high-profile and nationally important rail line."

RMT calls on trade unions and socialists to unite behind John McDonnell’s bid.

TRANSPORT UNION RMT today issued a call for trade unionists and socialists to unite behind John McDonnell's bid to secure enough nominations to stand in the Labour Party leadership contest and to use his campaign as an opportunity to begin the fightback against the ConDem government's all-out assault on public services and living standards.

RMT General Secretary Bob Crow said today:

"John McDonnell leads the RMT group in parliament and no MP has done more to fight against attacks on jobs, public services and workers rights. John is a tireless worker on behalf of trade unionists and the communities that will be there in the front line of the ConDem attack and he is the perfect alternative to the assorted candidates from Continuity New Labour.

"John McDonnell has a reservoir of support that extends way beyond the ranks of the Labour Party membership, it would be an absolute travesty if he was kept out of the race for the leadership and would send out a signal that the Labour Party machine has learnt absolutely nothing.

"On the big issues; defending public services, opposing privatisation, repealing the anti-trade union laws, bringing our troops home and supporting workers rights, John stands shoulder to shoulder with RMT and the trade union and socialist movement. He deserves our full support."

AmeyColas payrise offer.

RMT CIRCULAR REF AMEY AND COLAS PAY

20TH May 2010

 TO ALL BRANCHES, REGIONAL COUNCILS AND REGIONAL OFFICES

Dear Colleagues,

Rates of Pay & Conditions of Service 2010 – Colas Rail

I have been instructed by the GGC to hold a referendum of members on the following pay offer of a 1% increase in basic wages as of 1st April 2010 for all members that are part of the union bargaining agreement. A £100 gross on-off payment to all members that are part of the union bargaining agreement on completion of the proposed review of employment terms and conditions. The company has stated that they will be implementing these revised terms and conditions on 1st October 2010.  Balfour Beatty members that were TUPEd to Colas in May 2009 have a pay review date of 1st January. These members have already had their review in 2010 and the intention is to move their anniversary date to 1st April 2011 

The GGC have recommended that members reject the offer as it does not meet our aspirations. If you have any Colas Rail members in your branch and they have not received a voting paper by 28

th May 2010, please ask them to contact the helpline on

0800 376 3706 or
info@rmt.org.uk.

Rates of Pay & Conditions of Service 2010 – Amey Rail

I have been instructed by the GGC to hold a referendum of members on the following pay offer:-
a 1% increase in basic wages, no increase to allowances for all members that are part of the union bargaining agreement.∙Members on a Personal Contract will get between 0% and 1%. 

The GGC have recommended that members reject the offer as it does not meet our aspirations. If you have any Amey Rail members in your branch and they have not received a voting paper by 28

th May 2010, please ask them to contact the helpline on

0800 376 3706 or
info@rmt.org.uk.

RMT blasts Mayor's Transport Strategy as a smokescreen for job cuts.

TUBE UNION RMT today blasted London Tory Mayor Boris Johnson for throwing up a smokescreen under the guise of a ?Transport Strategy?, designed to deflect attention away from his multi-billion transport cuts package that threatens thousands of jobs, ticket office closures across the Capital and a systematic undermining of current safety standards.

Boris Johnson unveiled his "Transport Strategy" today and has chosen to airbrush out the attack on staffing levels, ticket offices and safety standards that is already being rolled out by his officials.

RMT today repeated its pledge to fight the tube and TfL cuts, including the threat to jobs following the final collapse of the PPP shambles with the buying out of the Tube Lines contract. The union also raised fears that the incoming government, whichever format it takes, will seek further cuts in transport budgets as it swings the axe at public expenditure.

RMT General Secretary Bob Crow said;

"Boris Johnson has made no effort to discuss his "Transport Strategy" with the people who really matter – the thousands of workers out there delivering transport services in London day in and day out.

"Instead, all we get from his officials are plans to cut jobs, ticket offices and safety standards that are already leaving stations all over London unstaffed and unsafe in direct contradiction of promises that Boris Johnson made in the run up to the Mayoral election.

"We have made it clear again today that unless we get assurances that staff will not be expected to pay the price for the collapse of Tube Lines and the last knockings of the failed tube privatisation experiment we will push on with plans for action and our ballot of members will go ahead."

TUBE UNION RMT CALLS FOR CLARIFICATION FROM BORIS JOHNSON

Tube union RMT today called for an urgent statement from London Mayor Boris Johnson on reports in the Times this morning that he is on the verge of taking the Tube Lines operation back into public ownership - killing off once and for all the PPP disaster on London Underground.

RMT General Secretary Bob Crow said today:

"If the reports are true that Tube Lines is at last being taken back under public control it would be a welcome development and would kill off the privatisation disaster on the tube once and for all.

"Rather than finding out about such an important development through leaks to the press, staff and passengers are entitled to hear it direct from Boris Johnson himself.

"This will be a recognition on a massive scale that transport privatisation does not work and RMT's campaign to roll out the renationalisation of the rail network will continue regardless of who forms the next government."

Amended Jarvis-Suspension of trading and appointment of administrators 06.05.10

Dear Colleague,

JARVIS – SUSPENSION OF TRADING AND APPOINTMENT OF ADMINISTRATORS

The General Grades Committee met on 29^th April 2010 and took the following decision in light of the recent meeting held between the RMT, TSSA and Babcock Rail.

"That having read the report and the proposed 'agreement' between Babcock Rail and the RMT and TSSA trades unions regarding the appointment of former Jarvis employees, we instruct the General Secretary to proceed with this agreement in an attempt to protect our affected members.

This agreement is not ideal, however for the affected members it is much more positive situation than the one that currently exists.

The General Secretary is further instructed to attempt to identify where all Jarvis work has been allocated and seek with those employers that they should honour TUPE in respect of the Jarvis staff who should be working on these contracts. 

Further the General Secretary is instructed to convene at the earliest opportunity meeting with all our renewals representatives to discuss a strategy for the future.

We reiterate this union's position that there should be a framework agreement governing the use and regulation of agency and contract labour across the railway industry.

We continue to pursue our legitimate claim for employment and rights for all our members formerly employed by Jarvis and we reiterate our continued support for the Justice for Jarvis Workers campaign."

Your union believes that this agreement (available to view at below) marks a significant point in the midst of such a distressing situation for so many and we will continue to put pressure on the other relevant companies to sign up to similar agreements.

I would be grateful if you could distribute the contents of this Circular to your members.

Yours sincerely

Bob Crow

General Secretary

Cuts leave tube stations unstaffed on 439 occasions in the past 6 months.

ON THE eve of the election, transport union RMT warned Londoners that cuts are already leaving tube stations unstaffed on a regular basis creating dangerous travelling conditions and with far worse to come if Tory Mayor Boris Johnson bulldozes through his plans to axe a further 800 station posts.

The latest figures obtained by RMT show that from October 2009 through to March 2010 surface level stations on the District, Central, Metropolitan, Circle & Hammersmith and Northern Lines were left unstaffed for entire shifts on a total of 439 occasions. One station, Mill Hill East, was left unstaffed for 95 entire shifts.

Current cuts plans being implemented by London Underground would see up to 800 ticket office, station and platform staff jobs axed creating a wave of ticket office closures and ushering in a culture of unstaffed tube stations, particularly late at night.

RMT General Secretary Bob Crow said:

As Londoners prepare to vote they need to be aware that a Tory Mayor, who promised no cuts to station staff and no ticket office closures, is smuggling through reductions in staffing numbers that will have lethal consequences for the travelling public. The muggers paradise of unstaffed stations is already a reality across whole swathes of the tube system as these new figures demonstrate.

They already have proposals on the table that will force tube drivers to pull away from stations without working mirrors or cameras and without the assistance of platform staff. It is only a matter of time before a passenger is dragged under a tube train as a consequence of these reckless cuts.

Tory Mayor Boris Johnson has ripped up his promise to Londoners on tube staffing and voters need to take note of that on Thursday. RMT remains committed to fighting the jobs carnage on the tube and we will continue to fight for safe staffing levels on behalf of both our members and the travelling public.